Legal Opinion
Anaheim Memorial Hospital v. Shalala
Court of Appeals for the Ninth Circuit
Decided November 26, 1997No. Nos. 96-55724, 96-55796PublishedCited by 4 opinions
1Opinion of the Court
TASHIMA, Circuit Judge:
In French Hosp. Med. Ctr. v. Shalala, 89 F.3d 1411 (9th Cir.1996) (“French Hospital ”), we held that the reopening of a Medicare cost report entitles the provider to appeal only the “issue” on which the report had been reopened. On these consolidated appeals, we face the question which logically follows: How broad is the “issue” that was reopened?
I. BACKGROUND
A. The Statutoiy and Regulatory Framework
The Medicare statute, Title XVIII of the Social Security Act, Pub.L. No. 89-97, 79 Stat. 291 (1965) (codified as amended at 42 U.S.C. § 1395 to 1395eec (1991 & Supp. 1997)),…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Edgewater Hospital, Inc. v. BowenCourt of Appeals for the Seventh Circuit · 1988
- Association of American Medical Colleges v. Joseph A. Califano, Jr., Secretary, Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
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3Cited by4 opinions
- Palomar Medical Center v. Kathleen SebeliusCourt of Appeals for the Ninth Circuit · 2012
- 58 soc.sec.rep.ser. 21, 98 Cal. Daily Op. Serv. 6312, 98 Daily Journal D.A.R. 8757 Foothill Presbyterian Hospital v. Donna E. Shalala, Secretary, in Her Official Capacity as Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1998
- 54 soc.sec.rep.ser. 571, Medicare & Medicaid Guide P 45,775, 97 Cal. Daily Op. Serv. 8888, 97 Daily Journal D.A.R. 14,499 Anaheim Memorial Hospital v. Donna E. Shalala, Secretary, Anaheim Memorial Hospital v. Donna E. Shalala, SecretaryCourt of Appeals for the Ninth Circuit · 1997
- Illinois-Masonic Medical Center v. SebeliusDistrict Court, District of Columbia · 2012